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Luzier v. Parker et al Doc.

9
Case 6:07-cv-00181-PCF-KRS Document 9 Filed 02/26/2007 Page 1 of 2

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JOSEPH JAY LUZIER III,

Plaintiff,

v. CASE NO. 6:07-cv-181-Orl-19KRS

SHERIFF J.R. “JACK” PARKER, et al.,

Defendants.

ORDER

This case is before the Court on the following motions:

1. Plaintiff’s Motion for Extension of Time and for Court Order Against Brevard County

Jail (Doc. No. 7, filed February 21, 2007) is GRANTED IN PART and DENIED IN PART.

Plaintiff shall have thirty (30) days from the date of this order to file a second amended complaint

in compliance with the Court’s Order of February 9, 2007 (Doc. No. 2). Failure to do so will result

in the dismissal of this action without further notice.

Upon review of the first amended complaint (Doc. No. 3), it appears that the issue raised in

the motion for extension of time concerning access to the law library is extraneous to this litigation

and is not properly raised in the instant lawsuit. Plaintiff should pursue this matter with the

appropriate prison official and, if necessary, initiate separate litigation in the court having

jurisdiction over the matter.

2. Plaintiff’s Motion to Appoint Counsel (Doc. No. 5, filed February 13, 2007) is

DENIED. A civil litigant, including a prisoner proceeding pro se, has no absolute constitutional

right to the appointment of counsel. Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987).

Dockets.Justia.com
Case 6:07-cv-00181-PCF-KRS Document 9 Filed 02/26/2007 Page 2 of 2

Instead, appointment of counsel is a privilege which is justified only by exceptional circumstances,

such as when the facts and legal issues are so novel or complex as to require the assistance of

counsel. Id. In the present case, the Court has considered the type and nature of the case, its

complexity, and Plaintiff's ability to prosecute his claim. The Court determines that there are no

exceptional circumstances, such as novel or complex facts and legal issues, in this action

necessitating the appointment of counsel. See Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir.

1992). This is not a complex case and does not raise any new or novel legal issues or facts.

3. Plaintiff’s Affidavit of Indigency (Doc. No. 4), construed as a motion to proceed in

forma pauperis, is DEFERRED until Plaintiff submits additional financial documentation.

Accordingly, the Clerk of Court shall send a Prisoner Consent Form and Financial Certificate to

Plaintiff. Plaintiff, within THIRTY (30) DAYS from the date of this Order, shall either file a fully

completed Prisoner Consent Form and Financial Certificate (if Plaintiff desires to proceed as a

pauper) or pay the $350.00 filing fee (if Plaintiff does not desire to proceed as a pauper). Failure to

do so or to explain noncompliance within the allotted time will result in the dismissal of this action

without further notice.

DONE AND ORDERED at Orlando, Florida this 26th day of February, 2007.

Karla R. Spaulding
KARLA R. SPAULDING
UNITED STATES MAGISTRATE JUDGE
Copies to:
sc 2/26
Joseph Jay Luzier III